California Health and Safety Code 38057 – The appeal authority shall be the Office of Administrative Hearings …
The appeal authority shall be the Office of Administrative Hearings in the Department of General Services. The office is hereby charged with the responsibility to administer and conduct hearings, and to render proposed decisions about the matter in dispute.
The appeal authority may delay or set aside a state agency or departmental action related to the appeal.
Terms Used In California Health and Safety Code 38057
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- department: means State Department of Health Services. See California Health and Safety Code 20
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
The appeal authority shall provide flexibility in the appeal process, providing a range of review from the most formal to a level acceptable to both parties.
An appeal pursuant to this division shall not be considered by the appeal authority until the direct service contractor has attempted to resolve the dispute through the grievance procedure established in accordance with § 38036 of the Health and Safety Code. If the department or agency has failed to establish such a procedure, the appeal authority shall assume immediate jurisdiction over the dispute.
(Added by Stats. 1982, Ch. 1373, Sec. 1.)